KAMAL CHAND Vs. AMER CHAND

JUDGEMENT

(1.) THE petitioner Kamal Chand had lodged a report in the police alleging that. Imarti Bai, wife of the complainant Amar Chand, had stolen his silver bunch of keys. This allegation was subsequently found to be false. Amar Chand, the complainant, then lodged a complaint against Kamal Chand under Section 500, i. P. C. and the petitioner was convicted by the City Magistrate, Lashkar, under that section and was sentenced to pay a line of Rs. 50/ -. The petitioner went to the-Sessions Judge, Gwalior in revision and the learned Sessions Judge has recommended that the conviction of Kamal Chand petitioner be set aside on the ground that the complaint against the petitioner was not lodged by Imarti Bai but was lodged by her husband.

(2.) ORDINARILY a complaint of a criminal offence may be filed by any person, not necessarily by the person aggrieved; but there are certain exceptions to this rule, one of which is contained in Section 198, Criminal Procedure Code, the first part of which reads as follows: no Court shall take cognisance of an offence falling under Chapter 19 or chapter 21, I. P. C. or under Sections 493 to 496 (both inclusive) of the same Code, except upon a complaint made by some person aggrieved by such offence.

(3.) THE offence of defamation is made punishable under Chapter 21 of the Indian penal Code and consequently no Court can take cognisance of an offence of defamation except upon a complaint made by some person aggrieved by such offence. The question for determination in the present case, is whether Amar chand, the complainant, is a person aggrieved within the meaning of Section 198, criminal Procedure Code?